49–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–695 

GREAT SMOKY MOUNTAINS NATIONAL PARK AGREEMENT 

ACT OF 2014 

DECEMBER 22, 2014.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 3806] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3806) to authorize payment of funds in accordance with 

the agreement entered into by the Tennessee Valley Authority, the 

State of North Carolina, Swain County, North Carolina, and the 

United States Department of the Interior, having considered the 

same, report favorably thereon with amendments and recommend 

that the bill as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Great Smoky Mountains National Park Agreement 

Act of 2014’’. 

SEC. 2. AUTHORIZATION. 

From funds previously appropriated to the National Park Service in the construction account for that agency in the Consolidated Appropriations Act, 2012 (Public 

Law 112–74), the National Park Service shall transfer $4,000,000 to counties within 

Great Smoky Mountains National Park in accordance with the Memorandum of 

Agreement entered into by the Tennessee Valley Authority and the United States 

Department of the Interior, dated February, 2010, that supersedes the agreement 

of July 30, 1943. 

Amend the title so as to read: 

A bill to authorize a settlement in accordance with the agreement entered into by the Tennessee Valley Authority and the 

United States Department of the Interior, and counties within the 

Great Smoky Mountains National Park. 


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PURPOSE OF THE BILL

The purpose of H.R. 3806, as ordered reported, is to authorize a 

settlement in accordance with the agreement entered into by the 

Tennessee Valley Authority and the United States Department of 

the Interior, and counties within the Great Smoky Mountains National Park. 

BACKGROUND AND NEED FOR LEGISLATION

As the federal government prepared World War II efforts, a dedicated power source was needed to supply facilities in eastern Tennessee that were building military planes. The government approached local governments in North Carolina with a plan to build 

Fontana Dam and Reservoir. The Department of the Interior, the 

Tennessee Valley Authority, the State of North Carolina, and local 

government within the Great Smokey Mountain National Park entered into what is known as the ‘‘1943 Agreement,’’ which allowed 

the creation of the dam with the promise that a new road to would 

be built along the north shore of the new lake to replace the flooded 34-mile stretch of a road, NC–288. The lake is within Great 

Smoky Mountains National Park and the federal government now 

owns 83% of the surrounding county. 

In the 1960s, the National Park Service constructed approximately 7 miles of the new road before abandoning the effort due 

to environmental impacts and engineering problems. No further 

federal funding was received for the road until a 2001 appropriation triggered a National Environmental Policy Act analysis of several options, including either the completion of the road (estimated 

at $700 million) to cut through the Great Smoky Mountains National Park, or a monetary settlement. 

In 2010, the Department of the Interior entered into a Memorandum of Agreement with local government within Great Smoky 

Mountains National Park and the Tennessee Valley Authority that 

provided for the federal government to make monetary payments 

not to exceed a total of $52 million, subject to appropriations, to 

settle the 1943 Agreement. In fiscal year 2010, two payments totaling $12.8 million were 

provided. These funds were derived from prior-year appropriations 

in the Department of Defense Appropriations Act of 2010 (Public 

Law 111–118), which included explicit authority for the Secretary 

of the Interior to make those payments for non-construction of the 

road. After that amount was paid, $39.2 million of the $52 million 

provided for the Memorandum of Agreement remained. 

The Consolidated Appropriations Act of 2012 (Public Law 112– 74) contained $4 million in the National Park Service construction 

account for an additional payment. However, the Park Service has 

decided that it does not have adequate authority to deliver the 

funds despite committee report language specifying the payment. 

Enactment of H.R. 3806 would clarify the authority that is needed 

for the National Park Service to use those previously appropriated 

funds to make the $4 million payment. 

COMMITTEE ACTION

H.R. 3806 was introduced on December 23, 2013, by Congressman Mark Meadows (R–NC). The bill was referred to the ComVerDate Sep 11 2014 02:16 Jan 06, 2015 Jkt 049006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR695.XXX HR695

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mittee on Natural Resources, and within the Committee to the 

Subcommittee on Public Lands and Environmental Regulation. On 

May 20, 2014, the Subcommittee on Public Lands and Environmental Regulation held a hearing on the bill. On July 16, 2014, the 

Natural Resources Committee met to consider the bill. The Subcommittee on Public Lands and Environmental Regulation was discharged by unanimous consent. Congressman Rob Bishop (R–UT) 

offered an amendment in the nature of a substitute designated .071 

to the bill; the amendment was adopted by unanimous consent. The 

bill, as amended, was then adopted and ordered favorably reported 

to the House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 3806—Great Smoky Mountains National Park Agreement Act 

of 2014 

H.R. 3806 would direct the National Park Service (NPS) to transfer $4 million from previously appropriated funds to Swain County, 

North Carolina. The legislation would direct $4 million in unobligated funds, previously appropriated in the Consolidated Appropriations Act, 2012 (Public Law 112–74) for NPS construction, to 

be used for the transfer. Based on information provided by NPS, 

CBO expects that those funds would not be obligated and expended 

under current law. As a result, CBO estimates that enacting H.R. 

3806 would increase direct spending by $4 million in 2015; therefore, pay-as-you-go procedures apply. Enacting H.R. 3806 would not 

affect revenues. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3806, AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON NATURAL RESOURCES ON JULY 16, 2014 

By fiscal year, in millions of dollars— 

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014- 

2019 

2014- 

2024 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-You-Go Impact .... 0 4 0 0 0 0 0 0 0 0 0 4 4 


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H.R. 3806 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

benefit Swain County, North Carolina. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. According to CBO, implementation of the bill 

would increase direct spending by $4 million in 2015, despite the 

fact these funds have already been appropriated for this purpose. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill, as ordered reported, is to authorize a settlement in accordance with the agreement entered into by the Tennessee Valley 

Authority and the United States Department of the Interior, and 

counties within the Great Smoky Mountains National Park. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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